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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » 2019 » May » 09
CIVIL PROCEDURE BACK TO BASICS 42: WHY A DAY EARLY IS SO VERY DIFFERENT TO A DAY LATE: THE ROBERT CRITERIA

CIVIL PROCEDURE BACK TO BASICS 42: WHY A DAY EARLY IS SO VERY DIFFERENT TO A DAY LATE: THE ROBERT CRITERIA

May 9, 2019 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Extensions of time, Relief from sanctions

There is a world of different between a prospective and retrospective application to extend time, or comply with an order.   Every litigator has to know about Robert -v- Momentum Services [2003] EWCA Civ 229.  An application made in advance means that the…

FATAL ACCIDENTS: PROPOSED AMENDMENTS TO BEREAVEMENT PAYMENTS :  ADVANCE NOTICE FOR LECTURES LATER IN THE YEAR (AND  A NEW EDITION OF A BOOK...)

FATAL ACCIDENTS: PROPOSED AMENDMENTS TO BEREAVEMENT PAYMENTS : ADVANCE NOTICE FOR LECTURES LATER IN THE YEAR (AND A NEW EDITION OF A BOOK…)

May 9, 2019 · by gexall · in Damages, Fatal Accidents, Rule Changes

The government is, at long last, putting forward a draft remedial order to amend Section 1A of the Fatal Accidents Act 1976.  This would allow cohabitees, who have been living together for more than two years, to recover the statutory…

APPEALING FINDINGS OF FACT: SEEKING FURTHER INFORMATION AND THE CONSTRUCTION OF EXPERT EVIDENCE

APPEALING FINDINGS OF FACT: SEEKING FURTHER INFORMATION AND THE CONSTRUCTION OF EXPERT EVIDENCE

May 9, 2019 · by gexall · in Appeals, Civil evidence, Civil Procedure, Expert evidence

I am grateful to Charles Bagot QC for sending me a copy of the judgment of Mr Justice Birss in Price -v-  Cwm Taf University Health Board  [2019] EWHC 938 (QB).   A transcript of the case is available on the…

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